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Notable e-discovery cases and events

Sidley Austin LLP
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USA
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January 8 2010

An Idaho federal court decision finding that emails sent between an attorney and client through the client’s work email system are not privileged

In Rosenthal Collins Group, LLC v. Trading Technologies Int’l, Inc., 2011 WL 618966 (N.D. Ill. Feb. 23, 2011), the court refused to allow an anonymous email to be admitted as evidence

Sidley Austin LLP
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USA
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April 11 2011

In this employment dispute, the plaintiff sought to introduce an anonymous email in which the author claimed that Family Dollar had improperly adjusted employee down-time without the employee's knowledge

Rosenthal Collins Group, LLC v. Trading Technologies Int’l, Inc., 2011 WL

Sidley Austin LLP
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USA
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April 11 2011

The Court granted defendant's motion for default judgment and monetary sanctions based on discovery misconduct by plaintiff and imposed a $1 million sanction on plaintiff and ordered plaintiff's counsel to pay the costs and attorneys' fees incurred by the defendant in litigating the motion

Developments in data breach liability

Sidley Austin LLP
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USA
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June 30 2009

As data breaches continue apace, so do enforcement action and litigation

D.C. Circuit reverses NLRB e-mail policy decision

Sidley Austin LLP
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USA
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July 10 2009

Reversing in part a landmark 2007 ruling by the National Labor Relations Board (the "NLRB" or "Board"), the United States Court of Appeals for the District of Columbia Circuit on Tuesday concluded that the NLRB lacked substantial evidence to support its determination that an employer had lawfully disciplined an employee for using the company’s e-mail system to send union-related solicitations to other employees in violation of the company communications policy

Federal court dismisses data breach class action brought against J.P. Morgan Chase while based on federal preemption

Sidley Austin LLP
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USA
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July 31 2009

A recent New York district court has held that the Fair Credit Reporting Act ("FCRA") requirements for data disposal will pre-empt similar state laws, thereby making it more clear that financial institutions may be able to rely upon the federal data disposal requirements for credit report information without regard to the growing number of state data disposal laws

Employer monitoring: arguments in support from the US Solicitor General

Sidley Austin LLP
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USA
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April 16 2010

In a case pending before the United States Supreme Court that may have potential implications for privacy in the workplace, the Solicitor General of the United States, Elena Kagan, submitted an amicus curiae brief on behalf of a government employer accused of improperly monitoring its employee's electronic communications

Court of appeals strikes down Vermont law restricting use of prescriber-identifiable data

Sidley Austin LLP
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USA
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November 23 2010

In a 2-1 decision, a panel of the Second Circuit today struck down a provision of Vermont law that bans the sale, transmission, or use of prescriber-identifiable data ("PID") for marketing or promoting a prescription drug, unless the prescriber consents, as an unconstitutional restriction on commercial speech

EU data protection challenges for the insurance industry

Sidley Austin LLP
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United Kingdom
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February 25 2010

Recent UK cases have highlighted the importance of compliance with data protection requirements for those in the financial services sector, particularly for firms in the insurance sector that may be processing personal data relating to individuals

October edition of notable cases and events in e-discovery

Sidley Austin LLP
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USA
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November 9 2010

This update addresses the following recent court decision involving e-discovery issues

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Notable e-discovery cases and events

In Rosenthal Collins Group, LLC v. Trading Technologies Int’l, Inc., 2011 WL 618966 (N.D. Ill. Feb. 23, 2011), the court refused to allow an anonymous email to be admitted as evidence

Rosenthal Collins Group, LLC v. Trading Technologies Int’l, Inc., 2011 WL

Developments in data breach liability

D.C. Circuit reverses NLRB e-mail policy decision

Federal court dismisses data breach class action brought against J.P. Morgan Chase while based on federal preemption

Employer monitoring: arguments in support from the US Solicitor General

Court of appeals strikes down Vermont law restricting use of prescriber-identifiable data

EU data protection challenges for the insurance industry

October edition of notable cases and events in e-discovery

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